James Lawless (Kildare North, Fianna Fail)
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203. To ask the Minister for Enterprise, Trade and Employment the progress made on plans to update the Transnational Information and Consultation of Employees Act 1996, specifically the provisions on European works councils dispute resolution processes; if he will publish the recent communications between the European Commission and his Department on this issue; and if he will make a statement on the matter. [46502/21]

Damien English (Meath West, Fine Gael)
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A European Works Council (a “EWC”) is a body that facilitates information and consultation with European employees on transnational issues. EWC are subject to the law of the Member State in which they are located. They derive from Directive 1994/45/EC (the “EWC Directive”) as transposed into Irish law by the Transnational Information and Consultation of Employees Act 1996. A recast by Directive 2009/38/EC was given effect by European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011).

The purpose of the recast Directive is to improve the right to information and to consultation of employees in Community-scale undertakings and Community-scale groups of undertakings. The general provisions of the Irish Regulation follow the provisions of Directive 2009/38/EC faithfully providing mechanisms for dispute resolution. There is no case law to support an assertion that the provisions of the Regulation are insufficient.

My Department has replied to queries raised by the European Commission in relation to a complaint it had received. The estimated assessment date associated with this process is 18th November 2021. As the process is incomplete it is not appropriate for me to comment further at this time.